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The Public Procurement Rules 2008 - LGED

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(3) In case of rejection of all Tenders, Quotations or Proposals under Rule 33 (2) , fresh<br />

Tenders, Quotations, Proposals or Expressions of Interest may be invited using revised<br />

Documents, whereby those who earlier participated or were pre-qualified or short-listed may<br />

participate or be re-invited.<br />

(4) In case professional misconduct is established under Chapter Seven, appropriate<br />

action in accordance with Rule 127(4), shall be taken.<br />

35. Informing Reasons for Rejection. |— (1) A Procuring Entity shall notify all<br />

Applicants or Tenderers of it after the rejection of all Tenders, Proposals or Quotations within the<br />

period specified in Schedule II .<br />

(2) A Procuring Entity shall, upon written requests from Applicants or Tenderers, inform<br />

them of the reason(s) for the rejection of their Tender, Quotation, or Proposal.<br />

(3) A Procuring Entity may, on justifiable grounds and with the prior approval of the<br />

Head of the Procuring Entity, annul l the <strong>Procurement</strong> proceedings prior to the deadline for the<br />

submission of Tenders. Quotations or Proposals and if any <strong>Procurement</strong> proceedings so rejected<br />

all Applications, Tenders, Quotations or Proposals received by the Procuring Entity shall be<br />

returned unopened to the Tenderers or Applicants.<br />

PART – 5<br />

APPROVAL PROCEDURE, NOTIFICATION OF AWARD AND PUBLICATION<br />

36. <strong>Procurement</strong> Approval Procedure. |— (1) <strong>The</strong> approval procedure as laid down in<br />

this Rule, leading up to the Notification of Award (NOA) for a execution of contract<br />

under the Act shall be strictly adhered to by the Procuring Entities, Evaluation Committees<br />

and Approving Authorities.<br />

(2) Under no circumstances shall the Chairperson of the Evaluation Committee and the<br />

Approving Authority be the same individual except at the upazila or other levels as stated in Rule<br />

10(1)(b).<br />

(3) In the case of procurement approval process t, the procedures as detailed below shall<br />

be followed -<br />

(a)<br />

For a Ministry, Division, Department or Directorate<br />

1. Where the Approving Authority is at the level of the Head of a Procuring<br />

Entity or Project Director (PD), Project Manager (PM), or an authorised<br />

officer (AO) as per DoFP –<br />

(i) the Evaluation Committee shall, having completed the evaluation in<br />

accordance with the Act and these <strong>Rules</strong>, submit the Evaluation<br />

Report, and the recommendation for award of Contract, but not the<br />

Tenders or Proposals, in a sealed envelope directly to the Head of<br />

the Procuring Entity or the Project Director, Project Manager, or the<br />

authorised officer for approval, as the case may be;<br />

(ii) after approval of the Evaluation Report, received under Sub-Rule<br />

3(a)(i) . or having recorded any other decision in accordance with<br />

Rule 11, the Head of the Procuring Entity or PD, PM or AO will put<br />

his or her signature thereon and send the same to the Procuring<br />

32

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